Madras High Court
Regina vs Senthil on 21 September, 2015
Author: P.Devadass
Bench: P.Devadass
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.09.2015 CORAM THE HONOURABLE MR.JUSTICE P.DEVADASS C.R.P.(MD) No.1441 of 2015 and M.P.(MD) Nos.1 and 2 of 2015 Regina ... Petitioner/Plaintiff -vs- 1.Senthil 2.Arunachalam 3.Thangaraj ... Respondents/Defendants 4 to 6 PRAYER: Petition filed under Article 227 of the Constitution of India, praying to set aside the petition and docket order passed by the learned District Munsif, Srivaikuntam in I.A.No.795 of 2015 in O.S.No.208 of 2012 dated 22.06.2015. !For Petitioner : Mr.G.Thalaimutharasu ^For Respondents 1 & 2 : No appearance For 3rd Respondent : Mr.G.Prabhu Rajadurai :O R D E R
1.This revision arises out of the order passed in I.A.No.795 of 2015 in O.S.No.208 of 2012 by the learned District Munsif, Srivaikundam, Thoothukudi District.
2.The suit has been filed by one Regina, seeking declaration as regards educational agency for a school and mandatory injunction to Government respondents to accept her as Secretary of the said educational agency.
3.The defendants have filed their written statements. Issues were framed. The trial is going on. Plaintiff side evidence over. Defendants evidence commenced. At this juncture, I.A.No.795 of 2015 has been filed by the defendants. It is a reception petition. It is intended to receive certain documents on their side.
4.The trial Court passed the following order:
?Petition allowed as there is an High Court direction in this matter. To receive the doc. subjected to proof, relevancy and admissibility. No costs.?
5.The learned counsel for the revision petitioner/plaintiff contends that the trial Court has not given any time for the plaintiff to file her counter. Thus, the order is unsustainable.
6.On the other hand, the learned counsel for the third respondent contended that the documents, which are sought to be marked are Government records, public documents. The trial Court taking note of the order of this Court to dispose of the suit expeditiously, has ordered that the documents have to be received in evidence subject to proof, relevancy and admissibility.
7.I have anxiously considered the rival submissions, perused the materials on record and the impugned order.
8.No doubt the impugned order is very short, running to few lines. But this order relates to a reception petition filed by the defendants 4 to 6 to let in their documentary evidence.
9.The petition being allowed does not mean that the documents have been received in evidence. Receiving the document in Court is different from receiving documents in evidence. Documents are received in Court either at the time of filing the plaint, written statement or by way of I.A., namely, receipt petition. It does not mean that they are admitted and form part of the evidence. Unless they are received in evidence they remain unmarked documents. That is how, the trial Court has remarked that it should be received subject to proof, relevancy and admissibility. In such circumstances, the impugned order does not mean that licence has been given to the defendants to import those documents into the evidence.
10.The trial Court cannot dispense with the requirements of Evidence Act. The trial Court has just received the documents filed along with the petition. So far, as on today, they are considered to be unmarked documents. Until they are marked after satisfying the Court with regard to proof, admissibility and relevancy, they will remain as it is. In such circumstances, the impugned order cannot be faulted, but it must be made clear that as there are some loose ends in the order.
11.In the circumstances, the impugned order is upheld. However, it is made clear that each and every document mentioned in the I.A.No.795 of 2015 filed by the defendants 4 to 6 has to be scrutinized by the trial Court subject to proof and relevancy.
12.Accordingly, this Civil Revision Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.
To
1.The Principal District Judge, Thoothukudi.
2.The District Munsif, Srivaikundam.
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